Soyer-Fonseca, Duarte Vs. Bright Planet Solar, Inc. Et Al

Affidavit of Compliance with Superior Court Rule 9A (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Notice of filing (E-FILED)

Defendant Bright Planet Solar, Inc.'s Notice of Filing (E-FILED)

Affidavit of Kevin J. O'Leary (E-FILED)

Exhibits/Appendix (JOINT) (E-FILED)

Defendant in a 3rd Party Claim(s) All Seasons Carpentry and Roof, Inc. motion filed to compel production of documents from third party Plaintiff Dream Home Exteriors, LLC (E-FILED)

Defendant Bright Planet Solar, Inc.'s Statement of Material Facts as to Which There is No Genuine Issue to be Tried (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Submission of list of documents (E-FILED)

Reply/Sur-reply of Defendant Bright Planet Solar, Inc.'s to Plaintiff's Opposition to Bright Planet Solar, Inc.'s Motion for Summary Judgment (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Request for hearing (E-FILED)

Endorsement on Motion to Conduct Joint Final Pre-Trial Conference (#24.0): ALLOWED Meeting ID 160 0809 8808. Notices mailed 5/11/23 Judge: Ritter, Hon. William J

Conference Memorandum Joint Final Pre-Trial Memorandum [E-FILED] Applies To: Soyer-Fonseca, Duarte (Plaintiff); Bright Planet Solar, Inc. (Defendant); Dream Home Exteriors, LLC (Defendant); All Seasons Carpentry and Roof, Inc. (Defendant)

Opposition to P#22 filed by Duarte Soyer-Fonsecato Defendant Bright Planet Solar, Inc.'s Motion for Summary Judgment (E-FILED)

Affidavit of no opposition (E-FILED)

Endorsement on Motion for Summary Judgment (#22.0): DENIED DENIED. As to BPS's role, control and duty for the roofing project, significant disputes of fact are contained within the record. The factfinder could find that BPS was the general contractor for the roofing job, that BPS provided project management and site supervision, that BPS obtained a permit for the roof, and that a BPS employee's Construction Supervisor's License was utilized to pull the roof permit. Whether BPS controlled the roof project and the obligation to maintain safety measures, in this circumstance, is a question of fact. See Corsetti v. Stone Co., 396 Mass. 1, 10-11 (1985). Further, BPS argues that insufficient evidence exists as to the duration and nature of the hazard for liability to be imposed. These issues are likewise in dispute. The circumstance of the fall, the possibility of alcohol use by other workers, the lack of control and supervision, and the expert opinions proffered by plaintiff's expert as to construction standards, regulations, and practice, preclude summary judgment on the issue of negligence. See id. at 13-14. Notices mailed 11/28/22 Judge: Ritter, Hon. William J

Bright Planet Solar, Inc.'s Memorandum of Law in Support of Its Motion for Summary Judgment (E-FILED)

Defendant Bright Planet Solar, Inc.'s Motion for summary judgment, MRCP 56 and Request for Hearing (E-FILED)

Duarte Soyer-Fonseca's Memorandum in Support of Opposition to Bright Planet Solar, Inc.'s Motion for Summary Judgment (E-FILED)

Plaintiff Duarte Soyer-Fonseca's Joint Motion to Conduct Final Pre-Trial Conference by Zoom [E-FILED] Applies To: Soyer-Fonseca, Duarte (Plaintiff); Bright Planet Solar, Inc. (Defendant); Dream Home Exteriors, LLC (Defendant); All Seasons Carpentry and Roof, Inc. (Defendant)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Assented to Motion to continue pretrial conference (E-FILED)

Defendant Bright Planet Solar, Inc.'s Submission of List of Documents Pursuant to Superior Court Rule 9A (E-FILED)

Endorsement on Motion to Continue Final Pretrial Conference (#23.0): ALLOWED Notices mailed 3/7/23 Judge: Reardon, Jr., Hon. James G

Endorsement on Motion to Extend Time to Oppose Defendant's Motion for Summary Judgment (#21.0): ALLOWED Notices mailed 8/1/22 Judge: Ritter, Hon. William J

Plaintiff Duarte Soyer-Fonseca's Assented to Motion to extend time to oppose Defendant Bright Planet Solar, Inc.'s Motion for Summary Judgment

Plaintiff Duarte Soyer-Fonseca's Joint Motion to extend tracking deadline(s) (E-FILED) Applies To: Bright Planet Solar, Inc. (Defendant); Dream Home Exteriors, LLC (Defendant); All Seasons Carpentry and Roof, Inc. (Defendant)

Endorsement on Motion to Extend Tracking Order Deadlines (#20.0): ALLOWED Tracking order amended. Notices mailed 3/8/22 Judge: Wrenn, Hon. Daniel M

Endorsement on Motion to Extend Tracking Order Deadlines (#19.0): ALLOWED Tracking order amended. Notices mailed 9/23/21 Judge: Ritter, Hon. William J

Plaintiff Duarte Soyer-Fonseca's Joint Motion to extend tracking deadline(s) (E-FILED)

Endorsement on Motion to Appoint Special Process Server (#15.0): ALLOWED Notices mailed 6/10/21 Judge: Ricciardone, Hon. David

3rd Party Complaint filed.

Amended 3rd Party Complaint with Exhibit A filed

Defendant in a 3rd Party Claim Dream Home Exteriors, LLC's Assented to Motion for Leave to Serve Claim Against All Seasons Carpentry and Roof, Inc. (E-FILED)

Answer to amended complaint

Endorsement on Motion for leave to serve claim against All Seasons Carpentry and Roof, Inc. (#13.0): ALLOWED notices mailed 05/21/2021. Judge: Ricciardone, Hon. David

Service Returned for Third Party Summons Defendant Dream Home Exteriors, LLC: Service through person in charge / agent;

Answer with a claim for jury trial (E-FILED) Applies To: Dream Home Exteriors, LLC (Defendant)

Dream Home Exteriors, LLC's MOTION for appointment of Special Process Server. Applies To: Rudolf, Esq., Benjamin C (Attorney) on behalf of Dream Home Exteriors, LLC (Defendant)

Endorsement on Motion to Extend Deadlines (#9.0): ALLOWED Tracking order amended. Notices mailed 1/19/21 Judge: Ritter, Hon. William J

Attorney appearance electronically filed. Applies To: Rudolf, Esq., Benjamin C (Attorney) on behalf of Dream Home Exteriors, LLC (Defendant)

General correspondence regarding Plaintiffs assertion of claim against Third-Party defendant, Dream Home Exteriors, LLC pursuant to Mass. R. Civ. P. 14 (a)

Service Returned for Defendant Dream Home Exteriors, LLC: Service through person in charge / agent; Abby Casavant at 149 Dunn Brook Road, East Brookfield, MA 01515 on 12/31/20.

Defendant Bright Planet Solar, Inc.'s Assented to Motion to Appoint special Process server.

Attorney appearance electronically filed.

3rd Party Complaint filed.

Plaintiff, Defendant Duarte Soyer-Fonseca, Bright Planet Solar, Inc., Dream Home Exteriors, LLC's Joint Motion to Extend Deadlines (E-FILED)

Amended: amended complaint filed by Duarte Soyer-Fonseca and jury trial claim Applies To: Santello, Esq., Deborah M (Attorney) on behalf of Soyer-Fonseca, Duarte (Plaintiff)

Service Returned for Defendant Bright Planet Solar, Inc.: Service through person in charge / agent;

Answer to amended complaint

Answer to the third party complaint (E-FILED) Applies To: Dream Home Exteriors, LLC (Defendant)

Endorsement on Motion to Appoint Special Process Server to Serve Third Party Complaint (#8.0): ALLOWED Notices mailed 9/2/2020 Judge: Ricciardone, Hon. David

Original civil complaint filed.

Civil action cover sheet filed.

Endorsement on Motion to Dismiss Third Party Complaint (#33.0): Other action taken Oral motion to reconsider entry of separate and final judgment only, motion allowed. Separate judgment not to enter at this time. Notices mailed 5/29/24 Judge: Ritter, Hon. William J

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Submission of Rule 9A Notice of Filing [E-FILED]

Affidavit of No Opposition [E-FILED]

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Motion to dismiss all counts of Dream Home Exteriors, LLC's Third-Party Complaint [E-FILED]

Endorsement on Motion to Stay Assessment of Damages (#32.0): ALLOWED Allowed until further order from the court. Notices mailed 5/8/24 Judge: Ritter, Hon. William J

Opposition to P#33 filed by Bright Planet Solar, Inc. (LIMITED) to all Seasons Carpentry and Roof, Inc. (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Submission of Rule 9C Certificate [E-FILED]

Plaintiff Duarte Soyer-Fonseca's Notice of filing and list of documents (E-FILED)

Opposition to to Third Party Defendant's motion for leave to serve and file motion for summary judgment after Rule 56 deadline filed by Dream Home Exteriors, LLC (E-FILED)

Plaintiff Duarte Soyer-Fonseca's Motion to stay assessment of damages against Defendant (E-FILED)

Affidavit of compliance with Superior Court Rule 9A(b)(2) (E-FILED)

Endorsement on Motion for Leave to Withdraw as Counsel for Third-Party Defendant (#29.0): ALLOWED ALLOWED after hearing. Dream Homes to appear by counsel on 4/11/24 at 2:00pm. Notices mailed 3/8/24 Judge: Reardon, Jr., Hon. James G

Affidavit of Benjamin C. Rudolf Concerning Notice to Client of Hearing on Motion for Leave to Withdraw as Counsel [E-FILED]

Endorsement on Motion for Leave to Withdraw as Counsel for Third Party Defendant (#29.0): Other action taken Hearing on motion shall be scheduled by clerk. Counsel for Dream Home shall provide notice of the hearing date and time to its client and inform client of its opportunity to be heard. Counsel shall provide proof of this notice to the court in advance of the hearing. Notices mailed 2/5/24

Opposition to P#29 filed by Bright Planet Solar, Inc. to Dream Home Exteriors, LLC's Attorneys Motion to Withdraw (E-FILED)

Defendant in a 3rd Party Claim Dream Home Exteriors, LLC's Notice of Filing Concerning Motion of Benjamin C. Rudolf for Leave to Withdraw as Counsel for Third-Party Defendant Dream Home Exteriors, LLC (E-FILED)

Defendant in a 3rd Party Claim Dream Home Exteriors, LLC's Motion of Benjamin C. Rudolf for Leave to Withdraw as Counsel for Third-Party Defendant (E-FILED)

Defendant in a 3rd Party Claim Dream Home Exteriors, LLC's Certificate of Compliance with Superior Court Rule 9A Concerning Motion of Benjamin C. Rudolf for Leave to Withdraw as Counsel for Third-Party Defendant Dream Home Exteriors, LLC (E-FILED)

Endorsement on Motion for Leave to Serve and File Motion for Summary After Rule 56 Deadline (#28.0): DENIED DENIED. The court has reviewed all the papers and pleadings to date. All the parties have actively participated robustly since All Seasons was added as a party. The parties have agreed to, and submitted, at least 2 tracking order extensions which included summary judgment dates. One defendant timely filed a voluminous motion for summary judgment which took approximately six months to resolve, start to finish. All Seasons has not set forth justification for the late filing nor should the other parties be burdened with the complicated, expensive, and time-consuming opposition procedure in light of the scheduled trial date in early June of 2024. Accordingly, the court will not exercise its discretion to permit the late filing of All Season's motion for summary judgment. Notices mailed 12/21/23

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Request for hearing (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Notice of filing (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Submission of Rule 9A list of documents (E-FILED)

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Motion for leave to serve and file motion for summary judgment after Rule 56 deadline (E-FILED)

Reply/Sur-reply Reply to Third Party Plaintiff's opposition to motion for leave to serve and file motion for summary judgment after Rule 56 deadline (E-FILED)

Endorsement on Motion to Compel Production of Documents From Third-Party Plaintiff (#27.0): Other action taken Allowed in part. Documents under (1) and (2) above to be produced within 30 thirty days. Request for attorneys fees reserved at this time. Notices mailed 12/6/23 Judge: Ritter, Hon. William J

Defendant(s), Dream Home Exteriors, LLC defaulted for failure to appear for 04/11/2024 02:00 PM Conference to Review Status.

Defendant in a 3rd Party Claim All Seasons Carpentry and Roof, Inc.'s Submission of Rule 9A List of Documents [E-FILED]

Endorsement on Motion to Dismiss Dream Home Exteriors LLC's Third Party Complaint (#33.0): ALLOWED Notices mailed 5/23/24 Judge: Ritter, Hon. William J

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